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2020 DIGILAW 63 (MP)

Murarilal v. State of M. P.

2020-01-10

ANAND PATHAK

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ORDER 1. Heard learned counsel for the parties and perused the case diary. 2. The appellant has filed this appeal under section 14A (1) (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 7.11.2019 passed by trial Court; whereby, application of appellant preferred under section 439 of CrPC has been rejected. 3. Appellant has been arrested on 19.7.2019 by Police Station Chachoda, District Guna in connection with Crime No. 129/2019 registered in relation to the offences punishable under sections 341, 294, 506, 353,186 and 34 of IPC and section 3 (1) (r) (s) and 3 (2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. It is the submission of learned counsel for the appellant that false case has been registered against the appellant and he is suffering confinement since 19.7.2019. He referred the evidence of Patwari of concerned area -Eshwar Malviya (PW1), Revenue Inspector - Harveer Singh (PW5), Patwari-Alok (PW6), Patwari-Deepesh Mangal (PW7), Patwari-Raghuveer Singh Yadav (PW8), Patwari -Shiv Paratap Singh (PW9), Patwari -Bajrang Bahadur Singh (PW10) and Patari Arvind Mehta (PW11) and other witnesses to submit that they have not supported the story of prosecution and they have been declared hostile. No Test Identification Parade (TIP) was conducted to identify the appellant. Therefore, chance of tampering with the evidence and witnesses is remote. He prayed for bail on these grounds. 5. Learned counsel for the State opposed the bail application by submitting that name of appellant figured in the statement of witnesses but now they are trying to help the accused persons, therefore, have not referred names of accused in their Court statements despite the fact that they are Government servants and if they do not support the story of prosecution then their act is unbecoming of a Government servant. He referred the statement under section 161 of CrPC of different witnesses who made statement under section 161 of CrPC and identified the culprits. Since the matter is of sand mining and the accused are involved in abstraction of sand illegally, therefore, no benefit can be given to them. 6. Heard. 7. From perusal of case diary, it appears that allegations are grave in nature because accused was involved in abstraction /transportation of sand. Two tractors with trolley have been seized in this regard. Since the matter is of sand mining and the accused are involved in abstraction of sand illegally, therefore, no benefit can be given to them. 6. Heard. 7. From perusal of case diary, it appears that allegations are grave in nature because accused was involved in abstraction /transportation of sand. Two tractors with trolley have been seized in this regard. Witnesses although earlier referred the names of culprits including the present appellant in their statement under section 161 of CrPC but in their Court statement, these witnesses, who are either Patwaris, Revenue Inspectors or Tahsildar, as the case may be, turned hostile and did not support the story of prosecution in categorical terms, therefore, same appears to be a serious misconduct prima facie and attempt to interfere in the administration of justice on the part of those witnesses who are Government servants and supposed to check the menace of illegal activities including mining. Investigating Officer also showed reluctance in not conducting TIP to ensure the identity of all accused who were present on the spot at the time of commission of offence as referred above. 8. Since, these witnesses have not supported the story of prosecution, therefore, the present appellant is given benefit of doubt. However, he is getting the benefit of doubt on account of casualness/negligence of Government Officials, where they did not support the story of prosecution. Therefore, appeal is allowed without expressing any opinion on merits of the case. 9. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs. 5,00,000/- (Rs. Five Lacs only) with two solvent sureties of like amount to the satisfaction of the concerned trial Court. 10. This order will remain operative subject to compliance of the following conditions by the appellant : 1. The appellant will comply with all the terms and conditions of the bond executed by him; 2. The appellant will cooperate in the investigation/trial, as the case may be; 3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be and would not move in the vicinity of the complainant; 4. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be and would not move in the vicinity of the complainant; 4. The appellant shall not commit an offence similar to the offence of which he is accused; 5. The appellant will not seek unnecessary adjournments during the trial; 6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 7. The appellant will mark his presence before the concerned trial Court on every Monday at 10.30 a.m. till completion of trial. 11. Collector, District Guna is directed to conduct a detail enquiry about the conduct of all Patwaris, Revenue Inspectors and Tahsildars, who made the statement under section 161 of CrPC in the case and later on did not support the story of prosecution in their Court statements and Collector shall enquire why this discrepancy happened because allegations were serious in nature against the accused persons and after enquiry, if any casualness / negligence/ mala fide is shown, then Collector, Guna shall be at liberty to move appropriately and sternly against all the erring officers, in accordance with law after giving due opportunity of hearing to them. During preliminary enquiry also, if required, all these persons can be given an opportunity of hearing but matter deserves to be taken on serious note. 12. Similarly, Superintendent of Police, Guna shall take into account the manner of investigation and if any laxity or casualness is found in investigation procedure which helped accused persons, while not conducting Test Identification Parade or taking statements under section 164 of CrPC of some witnesses, then Superintendent of Police, Guna shall be at liberty to move as per law against the erring Police Officers so that investigation in such cases shall be carried out without any fear or favour and with the intention to make a full proof case. Needful be done within two months. It is made clear that opinion expressed in the order is prima facie and enquiry shall be conducted objectively without being influenced by any observation of this Court. 13. Needful be done within two months. It is made clear that opinion expressed in the order is prima facie and enquiry shall be conducted objectively without being influenced by any observation of this Court. 13. A copy of this order be sent to Director, Prosecution also to explore possibility whether in cases of illegal sand mining or illegal transportation of sand/minerals etc., Test Identification Parade of accused persons be carried out on regular basis and / or statement of witnesses during investigation under section 164 of CrPC be recorded or not. 14. Director, Prosecution is expected to take call in this regard and apprise this Court about such decision, if any taken. 15.Appeal stands allowed and disposed of with the aforesaid observations; however, matter be listed under the caption "Direction" in the month of April, 2020 for compliance. 16.A copy of this order be sent to trial Court concerned, District Collector, Guna and Superintendent of Police, Guna. ...................